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Case 1:20-cr-00330-PAE Document 803 _ Filed 08/05/25 Page3of9 release of grand jury records is appropriate even outside the boundaries of Rule 6(e)(3). In re Craig, 131 F.3d at 102. Importantly, “the discretion of a trial court in deciding whether to make public the ordinarily secret proceedings of a grand jury investigation is one of the broadest and most sensitive exercises of careful judgment that a trial judge can make.” /d. at 104. In re Craig involved a petition by a doctoral candidate to unseal the nearly 50- year-old grand jury testimony of a high-ranking government employee, Harry Dexter White, based on historical interest in White’s suspected role as a communist spy. The court in In re Craig denied the petition to unseal. On appeal, the Second Circuit affirmed the trial court’s denial of the petition, finding that the court did not abuse its discretion when it found that sufficiently exceptional circumstances did not exist to warrant disclosure. fd. at 100-01, 107. In affirming the lower court’s denial of the motion to unseal, the Second Circuit acknowledged historical interest as a potential basis for disclosure and offered a non- exhaustive list of factors that a trial court might consider when confronted with ruling on a motion to unseal. Jd. at 105-06. Those factors include, but are not limited to: (i) the identity of the party seeking disclosure; (ii) whether the defendant to the grand jury proceeding or the government opposes the disclosure; (111) why disclosure is being sought in the particular case; Gv) what specific information is being sought for disclosure; (v) how long ago the grand jury proceedings took place; (vi) the current status of the principals of the grand jury proceedings and that of their families; (vii) the extent to which the desired material—either permissibly or impermissibly—has been previously made public; (viii) whether witnesses to the grand jury proceedings who might MARKUS/MOSS 3 DOJ-OGR-00015089